Kamlesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5563 of 2018 ====================================================== Kamlesh Singh, Son of Late Devnandan Singh, Resident of village- Simra, P.S.- Simra, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Excise Government of Bihar, Patna.

2. The District Magistrate, Aurangabad.

3. The Superintendent of Police, Aurangabad.

4. The Officer in charge, Amba Police Station, District Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Leelawati Kumari, Advocate For the Respondent/s :

Mr. A.K. Sinha- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-04-2018 This writ petition has been filed for release of a vehicle (Hero Honda CD 100 Motorcycle) bearing Registration No. JH05B-5311, which has been seized in connection with Amba P.S. Case No.57 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings, vehicles have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case,

Patna High Court CWJC No.5563 of 2018(2) dt.03-04-2018 2/2 the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Aurangabad within a period of one week from the date of his furnishing the bank guarantee and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U